Apr
21

Immigration Fact Check: Your U.S. Citizen Child Can’t Help You Apply for an Unlawful Presence Waiver

If you have a U.S. citizen child over the age of 21, he or she may petition for you to immigrate to the United States as an immediate relative. Before asking your child to file a petition on your behalf, you should make sure that you are eligible to adjust status after USCIS approves the petition.

If you are living in the United States and you entered without inspection, you will have to consular process from abroad to obtain your green card after your child petitions for you. If you have been unlawfully present in the United States for more than 180 days, your departure from the United...

Feb
14

The Revised Visa Bulletin: Tempering Your Expectations

The Revised Visa Bulletin: Tempering Your Expectations

The debate around comprehensive immigration reform has long had many detractors decrying earned legalization as “amnesty” for people who should instead head “to the back of the line.”

What is little understood is exactly what is meant by “the line;” who is eligible to wait in it; and how infinitely long this line can be.  Surprising to many is the fact that not every intending immigrant can simply jump into the line.  Currently, aside from certain humanitarian-based cases such as asylum, U Visas or Temporary Protected...

Sep
28

Expanded Provisional Waiver Program: the Good, Bad, and the Uncertain

The final rule expanding the I-601A provisional waiver process went into effect on August 29, 2016.

The most significant and most publicized change in the rule allows applicants with U.S citizen or lawful permanent resident (LPR) spouses and parents to qualify for provisional waiver processing. Accordingly, USCIS estimates that an additional 44,061 newly eligible provisional waiver applicants and their family members will benefit from this expansion of this rule within the next ten years. While this is a positive development in provisional waiver processing, other provisions in the final...

Jun
18

What Is Taking So Long! Current USCIS Processing Patterns

Slow.  The government is moving slow.   That is the pattern that is emerging in the first half of 2017.  Applications that moved quickly in the past are now taking longer, and USCIS keeps moving applications from one location to another one to balance its workloads.   

U Visas

The government can only issue 10,000 U visas every year. This means that there is a waitlist to be granted this type of visa. If the government believes an applicant’s submission is approvable, it can grant that person “deferred action” ahead of time, and allow them to get a work permit.

Currently, the...